200CIII83
<br />ARTICLE II
<br />EVENTS OF DEFAULT
<br />The following shall constitute events of default ( "Events of Default ") hereunder:
<br />2.01 Obligations, Covenants, Agreements and Bonds. A default by Trustor in the due,
<br />prompt and complete observance and performance of any obligation, covenant and agreement
<br />contained in this Deed of Trust.
<br />2.02 Other Obligations. A default by Trustor in the due, prompt, and complete observance
<br />and performance of any obligation, covenant and agreement contained in the Credit Agreement, or
<br />the occurrence of any other Event of Default as defined by and under the Credit Agreement,
<br />including the payment, when due of any amounts payable thereunder, or a default of payment of
<br />principal or interest on the obligations created pursuant thereto when due.
<br />ARTICLE III
<br />REMEDIES
<br />Upon the occurrence of any Event of Default, Trustee and Beneficiary shall have the
<br />following rights and remedies:
<br />3.01 Possession. Upon the occurrence of any Event of Default hereunder including,
<br />without limitation, defaults in the Credit Agreement, and acceleration of payment of principal of and
<br />interest on the Bonds then the Beneficiary in person or by agent may, without any obligation so to
<br />do and without notice or demand upon Trustor and without releasing Trustor from any obligation
<br />hereunder or in any other agreement or instrument relating to the Credit Agreement: (i) make any
<br />payment or do any act which Trustor has failed to make or do; (ii) enter upon, take possession of,
<br />manage and operate the Property or any part thereof, (iii) make or enforce, or, if the same be subject
<br />to modification or cancellation, modify or cancel any leases of the Property or any part thereof upon
<br />such terms or conditions as Beneficiary deems proper; (iv) obtain and evict tenants, and fix or
<br />modify rents, make repairs and alterations and do any acts which Beneficiary deems proper to protect
<br />the security hereof, and (v) with or without taking possession, in its own name or in the name of
<br />Trustor, sue for or otherwise collect and receive rents, royalties, issues, profits, revenue, income and
<br />other benefits, including those past due and unpaid, and apply the same less costs and expenses of
<br />operation and collection, including reasonable attorneys' fees, upon any indebtedness secured hereby,
<br />and in such order as Beneficiary may determine. The entering upon and taking possession of the
<br />Property, the collection of any rents, royalties, issues, profits, revenue, income or other benefits and
<br />the application thereof as aforesaid shall not cure or waive any default theretofore or thereafter
<br />occurring or affect any notice of default hereunder or invalidate any act done pursuant to any such
<br />notice; and, notwithstanding continuance in possession of the Property, or any part thereof, by
<br />Beneficiary, Trustee or a receiver, and the collection, receipt and application of rents, royalties,
<br />7
<br />
|